I 

118TH CONGRESS 

2D SESSION H. R. 8994 

To direct the Secretary of Agriculture to remove nonambulatory pigs from 

the United States food system, to establish an online portal for confidential complaints, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 11, 2024 

Ms. ESCOBAR (for herself, Mr. BLUMENAUER, Mr. RASKIN, and Mr. 

CA ́RDENAS) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Education 

and the Workforce, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To direct the Secretary of Agriculture to remove nonambulatory pigs from the United States food system, 

to establish an online portal for confidential complaints, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Pigs and Public Health Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—HUMANE HANDLING REFORMS FOR NONAMBULATORY 

PIGS 

Sec. 101. Unlawful use of drugs contributing to nonambulatory conditions. 

Sec. 102. Transportation of pigs. 

Sec. 103. Unlawful slaughter practices involving pigs. 

Sec. 104. OSHA standard and staffing requirement. 

TITLE II—PUBLIC HEALTH TRANSPARENCY 

Sec. 201. Online portal for confidential complaints. 

Sec. 202. Whistleblower protection. 

Sec. 203. Study and report on threat of nonambulatory pigs in food system. 

3 SEC. 2. FINDINGS. 

4 Congress finds the following: 

5 (1) Humane euthanization of nonambulatory 

6 pigs— 

7 (A) prevents needless suffering; 

8 (B) results in safer and better working 

9 conditions for individuals handling pigs; 

10 (C) brings about improvement of products 

11 and reduces the likelihood of the spread of 

12 zoonotic and other diseases that have a great 

13 and deleterious economic impact; and 

14 (D) protects the public health of con15 sumers by ensuring that products from non16 ambulatory pigs do not enter the food supply. 


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1 (2) Many nonambulatory pigs are ill and may 

2 carry dangerous pathogens, posing a serious public 

3 health risk, considering— 

4 (A) in a 2008 study, significantly more 

5 nonambulatory pigs than control pigs tested 

6 positive for swine influenza viruses H1N1 and 

7 H3N2; 

8 (B) other studies have indicated that non9 ambulatory pigs may increase risk of trans10 mission of pathogens such as Salmonella and 

11 Yersinia enterocolitica and may be more likely 

12 to harbor antibiotic-resistant Campylobacter; 

13 and 

14 (C) the Centers for Disease Control and 

15 Prevention estimates that pork containing 

16 pathogens leads to about 525,000 infections, 

17 2,900 hospitalizations, and 82 deaths in hu18 mans each year. 

19 (3) Industrial operators have created a system 

20 that allows for the inhumane handling of non21 ambulatory livestock that causes needless suffering, 

22 unsafe working conditions, and the spread of 

23 foodborne and zoonotic diseases. 


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1 (4) Industrial operators have abused the use of 

2 certain drugs that increase the risk of pigs becoming 

3 nonambulatory. 

4 (5) Current Federal animal transport laws are 

5 ineffective, inherently cruel, and cause pigs to be6 come nonambulatory. 

7 (6) Employees and contract laborers on farms, 

8 during transport, and at slaughter deal with non9 ambulatory pigs first hand, making them uniquely 

10 positioned to report public health threats they wit11 ness. 

12 (7) Since 2004, the Department of Agri13 culture’s Food Safety and Inspection Service has 

14 banned all nonambulatory cattle from entering the 

15 Nation’s food supply due to increased risk of disease 

16 spread, but there are no such regulations for other 

17 species. 

18 (8) In 2002, Congress mandated that the De19 partment of Agriculture release a report regarding 

20 nonambulatory animals, but no such report has been 

21 released. The Department of Agriculture released a 

22 report on nonambulatory cattle and calves in 2005 

23 and a report on sheep and goats in 2006. No report 

24 has been issued on nonambulatory pigs. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) COVERED ENTITY.—The term ‘‘covered en4 tity’’ means— 

5 (A) a stockyard; 

6 (B) a market agency; 

7 (C) a packer (as defined in section 201 of 

8 the Packers and Stockyards Act, 1921 (7 

9 U.S.C. 191)); 

10 (D) a dealer (as defined in section 301 of 

11 the Packers and Stockyards Act, 1921 (7 

12 U.S.C. 201)); 

13 (E) a slaughter facility; and 

14 (F) an establishment subject to inspection 

15 pursuant to the Federal Meat Inspection Act 

16 (21 U.S.C. 601 et seq.). 

17 (2) COVERED INDIVIDUAL.—The term ‘‘covered 

18 individual’’ means any employee, former employee, 

19 contractor, or other person who has worked or is 

20 currently working for or with a covered entity. 

21 (3) NONAMBULATORY PIG.—The term ‘‘non22 ambulatory pig’’ means any swine that cannot stand 

23 or walk unassisted. 

24 (4) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Agriculture. 


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1 TITLE I—HUMANE HANDLING 

2 REFORMS FOR NON3 AMBULATORY PIGS 

4 SEC. 101. UNLAWFUL USE OF DRUGS CONTRIBUTING TO 

5 NONAMBULATORY CONDITIONS. 

6 The Animal Health Protection Act is amended by in7 serting after section 10409A (7 U.S.C. 8308a) the fol8 lowing: 

9 ‘‘SEC. 10409B. UNLAWFUL USE OF BETA-ADRENERGIC 

10 AGONIST DRUGS IN PIGS. 

11 ‘‘Any use of a beta-adrenergic agonist drug, including 

12 ractopamine, zilpaterol, and lubabegron, in a pig in the 

13 absence of disease, including use for growth promotion or 

14 feed efficiency, is prohibited.’’. 

15 SEC. 102. TRANSPORTATION OF PIGS. 

16 (a) IN GENERAL.—The Animal Welfare Act is 

17 amended by inserting after section 13 (7 U.S.C. 2143) 

18 the following: 

19 ‘‘SEC. 13A. TRANSPORTATION OF PIGS. 

20 ‘‘(a) TRANSPORTATION.—In any case in which pigs 

21 are transported by a covered provider of transportation 

22 on behalf of a covered entity, the covered provider of 

23 transportation transporting the pigs shall ensure that— 


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1 ‘‘(1) the means of transport provides adequate 

2 protection of the pigs from high winds, rain, and 

3 snow; 

4 ‘‘(2) the pigs are provided with appropriate bed5 ding or equivalent material that— 

6 ‘‘(A) prevents slipping; 

7 ‘‘(B) ensures a level of comfort appropriate 

8 to— 

9 ‘‘(i) pigs; 

10 ‘‘(ii) the number of pigs being trans11 ported; 

12 ‘‘(iii) the duration of the period of 

13 transportation; and 

14 ‘‘(iv) the weather; and 

15 ‘‘(C) provides adequate absorption of urine 

16 and feces; 

17 ‘‘(3) the pigs are not overcrowded during trans18 port; 

19 ‘‘(4) the means of transport is equipped with a 

20 water supply that ensures that each pig has access 

21 to water in a manner and quantity appropriate to 

22 the species and size of the animal; 

23 ‘‘(5) watering devices on the means of transport 

24 are— 

25 ‘‘(A) in good working order; 


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1 ‘‘(B) appropriately designed; and 

2 ‘‘(C) positioned appropriately for pigs to be 

3 watered during transport; 

4 ‘‘(6) the pigs have enough space— 

5 ‘‘(A) to turn around; 

6 ‘‘(B) to lie down; and 

7 ‘‘(C) to fully extend their limbs; and 

8 ‘‘(7) the pigs are not transported if the tem9 perature within the means of transport cannot be 

10 maintained between 50 and 75 degrees Fahrenheit. 

11 ‘‘(b) RECORDKEEPING.— 

12 ‘‘(1) IN GENERAL.—Each covered provider of 

13 transportation shall maintain records of all pigs 

14 transported by such covered provider on behalf of 

15 any covered entity. 

16 ‘‘(2) PRODUCTION OF RECORDS.—A covered 

17 provider of transportation shall provide the records 

18 maintained under paragraph (1) to the Secretary on 

19 request. 

20 ‘‘(c) DEFINITIONS.—In this section: 

21 ‘‘(1) COVERED ENTITY.—The term ‘covered en22 tity’ means— 

23 ‘‘(A) a stockyard; 

24 ‘‘(B) a market agency; 


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1 ‘‘(C) a packer (as defined in section 201 of 

2 the Packers and Stockyards Act, 1921 (7 

3 U.S.C. 191)); 

4 ‘‘(D) a dealer (as defined in section 301 of 

5 the Packers and Stockyards Act, 1921 (7 

6 U.S.C. 201)); 

7 ‘‘(E) a slaughter facility; and 

8 ‘‘(F) an establishment. 

9 ‘‘(2) COVERED PROVIDER OF TRANSPOR10 TATION.—The term ‘covered provider of transpor11 tation’ means any entity that provides transport of 

12 livestock on behalf of a covered entity. 

13 ‘‘(3) ESTABLISHMENT.—The term ‘establish14 ment’ means an establishment that is subject to in15 spection pursuant to the Federal Meat Inspection 

16 Act (21 U.S.C. 601 et seq.).’’. 

17 (b) RULEMAKING.—Not later than 1 year after the 

18 date of enactment of this Act, the Secretary shall promul19 gate final regulations to enforce the provisions of sub20 section (a). 

21 SEC. 103. UNLAWFUL SLAUGHTER PRACTICES INVOLVING 

22 PIGS. 

23 (a) IN GENERAL.—Public Law 85–765 (commonly 

24 known as the ‘‘Humane Methods of Slaughter Act of 

25 1958’’) is amended by adding at the end the following: 


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1 ‘‘SEC. 7. HUMANE TREATMENT OF PIGS. 

2 ‘‘(a) NONAMBULATORY PIGS.— 

3 ‘‘(1) HUMANE TREATMENT, HANDLING, AND

4 DISPOSITION.—The Secretary of Agriculture shall 

5 promulgate regulations to provide for the humane 

6 treatment, handling, and disposition of all non7 ambulatory pigs by covered entities, including re8 quirements for a covered entity— 

9 ‘‘(A) to, subject to paragraph (2), imme10 diately humanely euthanize nonambulatory pigs 

11 in the possession of the covered entity; 

12 ‘‘(B) to have written policies and proce13 dures in place, and proper equipment, relating 

14 to the humane handling, euthanization, and dis15 position of all nonambulatory pigs in the pos16 session of the covered entity; 

17 ‘‘(C) to maintain records of all non18 ambulatory pigs in the possession of the covered 

19 entity; and 

20 ‘‘(D) to electronically submit such written 

21 policies and procedures and such records to the 

22 Administrator of the Food Safety and Inspec23 tion Service. 

24 ‘‘(2) HUMANE EUTHANASIA.— 

25 ‘‘(A) IN GENERAL.—The Secretary shall 

26 promulgate regulations specifying— 


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1 ‘‘(i) the methods of euthanasia that 

2 shall be acceptable for the humane disposi3 tion of nonambulatory pigs required under 

4 the regulations promulgated under para5 graph (1); and 

6 ‘‘(ii) processes for ensuring effective 

7 enforcement of the use of such methods. 

8 ‘‘(B) DISEASE TESTING.—The Secretary 

9 shall test nonambulatory pigs for a disease, 

10 such as swine influenza viruses H1N1 and 

11 H3N2, Salmonella, Yersinia enterocolitica, 

12 Campylobacter, and Methicillin-resistant Staph13 ylococcus aureus. 

14 ‘‘(3) TRANSACTING OR PROCESSING.—A cov15 ered entity shall not— 

16 ‘‘(A) buy or sell a nonambulatory pig; 

17 ‘‘(B) process, butcher, or sell meat or meat 

18 food products of a nonambulatory pig; or 

19 ‘‘(C) slaughter any nonambulatory pig or 

20 prepare any carcass or part of a carcass, or 

21 meat or meat food product, from any non22 ambulatory pig. 

23 ‘‘(4) RECORDS.—The Administrator of the 

24 Food Safety and Inspection Service shall maintain 


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1 all documents submitted by covered entities pursu2 ant to the regulations under paragraph (1). 

3 ‘‘(b) WILLFUL ACTS OF ABUSE.—The Secretary 

4 shall promulgate regulations prohibiting a covered indi5 vidual from committing any willful act of abuse— 

6 ‘‘(1) against nonambulatory pigs; or 

7 ‘‘(2) that may reasonably be expected to result 

8 in injury or illness of ambulatory pigs. 

9 ‘‘(c) INJURED AND DISEASED PIGS.— 

10 ‘‘(1) INJURED PIGS.—The Secretary shall pro11 mulgate regulations specifying the proper handling 

12 of injured pigs by a covered entity, including re13 quirements to— 

14 ‘‘(A) immediately treat or humanely 

15 euthanize pigs diagnosed as lame; and 

16 ‘‘(B) immediately humanely euthanize— 

17 ‘‘(i) pigs with— 

18 ‘‘(I) uterine prolapses; or 

19 ‘‘(II) any type of prolapse that is 

20 not addressed and becomes necrotic; 

21 ‘‘(ii) pigs with— 

22 ‘‘(I) perforated hernias; 

23 ‘‘(II) hernias that are ulcerated 

24 and necrotic; or 


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1 ‘‘(III) large hernias that touch 

2 the ground while standing and are ul3 cerated; and 

4 ‘‘(iii) pigs that are unlikely to recover 

5 from any other type of injury, even with 

6 treatment. 

7 ‘‘(2) DISEASED PIGS.—The Secretary shall pro8 mulgate regulations specifying the proper handling 

9 of diseased pigs by a covered entity, including re10 quirements to immediately humanely euthanize pigs 

11 that are not responding to care or are unlikely to re12 cover from disease or illness. 

13 ‘‘(d) DEFINITIONS.—In this section: 

14 ‘‘(1) COVERED ENTITY.—The term ‘covered en15 tity’ means— 

16 ‘‘(A) a stockyard; 

17 ‘‘(B) a market agency; 

18 ‘‘(C) a packer (as defined in section 201 of 

19 the Packers and Stockyards Act, 1921 (7 

20 U.S.C. 191)); 

21 ‘‘(D) a dealer (as defined in section 301 of 

22 the Packers and Stockyards Act, 1921 (7 

23 U.S.C. 201)); 

24 ‘‘(E) a slaughter facility; and 

25 ‘‘(F) an establishment. 


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1 ‘‘(2) COVERED INDIVIDUAL.—The term ‘cov2 ered individual’ means any employee, former em3 ployee, contractor, or other person who has worked 

4 or is currently working for or with a covered entity. 

5 ‘‘(3) DISEASED.—The term ‘diseased’ means a 

6 state of being— 

7 ‘‘(A) that deviates from the normal struc8 tural or functional state of an animal; 

9 ‘‘(B) in which the animal is impaired or 

10 exhibits signs or symptoms of pain or suffering; 

11 and 

12 ‘‘(C) that is not caused by physical injury. 

13 ‘‘(4) ESTABLISHMENT.—The term ‘establish14 ment’ means an establishment that is subject to in15 spection pursuant to the Federal Meat Inspection 

16 Act (21 U.S.C. 601 et seq.). 

17 ‘‘(5) HUMANELY EUTHANIZE.—The term ‘hu18 manely euthanize’ means, with respect to a pig, to 

19 immediately render the pig unconscious by mechan20 ical, chemical, or other means, with the unconscious 

21 state remaining until the death of the pig. 

22 ‘‘(6) INJURED.—The term ‘injured’ means a 

23 state of being in which an animal’s body is phys24 ically harmed or damaged. 


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1 ‘‘(7) NONAMBULATORY PIG.—The term ‘non2 ambulatory pig’ means any swine that cannot stand 

3 or walk unassisted. 

4 ‘‘(8) SECRETARY.—The term ‘Secretary’ means 

5 the Secretary of Agriculture. 

6 ‘‘(9) WILLFUL ACTS OF ABUSE.—The term 

7 ‘willful acts of abuse’ means, with respect to pigs, 

8 any acts that intentionally cause pain or suffering to 

9 the pigs, including— 

10 ‘‘(A) hitting or beating the pigs, such as 

11 with a fist, foot, or any hard objects that can 

12 cause pain or injury; 

13 ‘‘(B) purposefully slamming, dropping, 

14 throwing, or dragging the pigs by any body 

15 part, except in the case of moving non16 ambulatory pigs using a drag mat; 

17 ‘‘(C) excessive use of electric prods, includ18 ing— 

19 ‘‘(i) prodding the pigs in sensitive 

20 areas, such as the face, genitals, or rec21 tum; 

22 ‘‘(ii) providing a shock that lasts 

23 longer than one second; and 

24 ‘‘(iii) using electric prods other than 

25 as a last resort; 


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1 ‘‘(D) failure to provide food, water, and 

2 care to the pigs in a manner that could result 

3 in significant harm or death to the pigs; and 

4 ‘‘(E) driving the pigs on top of one an5 other, including with the use of motorized vehi6 cles.’’. 

7 (b) INSPECTION OF NONAMBULATORY PIGS; LABEL8 ING.—Section 6 of the Federal Meat Inspection Act (21 

9 U.S.C. 606) is amended by adding at the end the fol10 lowing: 

11 ‘‘(c) INSPECTION OF NONAMBULATORY PIGS; LABEL12 ING.— 

13 ‘‘(1) INSPECTION.—It shall be unlawful for an 

14 inspector at an establishment subject to inspection 

15 under this Act to pass through inspection any non16 ambulatory pig or carcass (including parts of a car17 cass) of a nonambulatory pig. 

18 ‘‘(2) LABELING.—An inspector or other em19 ployee of an establishment described in paragraph 

20 (2) shall label, mark, stamp, or tag as ‘inspected 

21 and condemned’ any carcass (including parts of a 

22 carcass) of a nonambulatory pig. 

23 ‘‘(3) NONAMBULATORY PIG DEFINED.—In this 

24 subsection, the term ‘nonambulatory pig’ means any 

25 swine that cannot stand or walk unassisted.’’. 


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1 (c) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the amendments made by subsections (a) 

4 and (b) shall take effect on the date that is 1 year 

5 after the date of enactment of this Act. 

6 (2) REGULATIONS.—Not later than 1 year after 

7 the date of enactment of this Act, the Secretary 

8 shall promulgate final regulations to implement the 

9 amendments made by subsections (a) and (b). 

10 SEC. 104. OSHA STANDARD AND STAFFING REQUIREMENT. 

11 (a) PROPOSED STANDARD.—Not later than 1 year 

12 after the date of enactment of this Act, the Secretary of 

13 Labor shall, pursuant to section 6 of the Occupational 

14 Safety and Health Act of 1970 (29 U.S.C. 655), promul15 gate a proposed standard for handling nonambulatory 

16 pigs. Such proposed standard shall include requirements 

17 for— 

18 (1) employee training related to handling such 

19 pigs; and 

20 (2) the use of mechanical lifting aids. 

21 (b) FINAL STANDARD.—Not later than 2 years after 

22 the date of enactment of this Act, the Secretary of Labor 

23 shall, pursuant to section 6 of the Occupational Safety and 

24 Health Act of 1970 (29 U.S.C. 655), promulgate a final 

25 standard that shall be— 


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1 (1) based on the proposed standard under para2 graph (1); and 

3 (2) effective and enforceable in the same man4 ner and to the same extent as any standard promul5 gated under section 6(b) of such Act (29 U.S.C. 

6 655(b)). 

7 (c) STAFFING REQUIREMENT.—A covered entity 

8 shall take such steps as may be necessary, including hiring 

9 and training additional employees, to comply with the re10 quirements of this Act, the amendments made by this Act, 

11 and the final standard promulgated pursuant to sub12 section (b). 

13 TITLE II—PUBLIC HEALTH 

14 TRANSPARENCY 

15 SEC. 201. ONLINE PORTAL FOR CONFIDENTIAL COM16 PLAINTS. 

17 (a) ESTABLISHMENT.—Not later than 90 days after 

18 the date of the enactment of this Act, the Secretary of 

19 Agriculture, in consultation with the Secretary of Labor, 

20 shall establish and make publicly available on the website 

21 of the Department of Agriculture an online portal, 

22 through which individuals may submit confidential com23 plaints regarding alleged or potential violations by a cov24 ered entity of— 


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1 (1) this Act, or the amendments made by this 

2 Act, including— 

3 (A) section 10409B of the Animal Health 

4 Protection Act (as inserted by section 101); 

5 (B) section 13A of the Animal Welfare Act 

6 (as inserted by section 102); 

7 (C) section 7 of Public Law 85–765 (com8 monly known as the ‘‘Humane Methods of 

9 Slaughter Act of 1958’’) (as added by section 

10 103(a)); and 

11 (D) section 6(c) of the Federal Meat In12 spection Act (as added by section 103(b)); 

13 (2) the Occupational Safety and Health Act of 

14 1970 (29 U.S.C. 651 et seq.); or 

15 (3) the Fair Labor Standards Act of 1938 (29 

16 U.S.C. 201 et seq.). 

17 (b) PUBLIC NOTICE.—Upon the establishment of the 

18 online portal described in subsection (a), the Secretary 

19 shall issue a public notice informing individuals of— 

20 (1) their right to use such portal; and 

21 (2) the confidentiality protections provided by 

22 the Department of Agriculture and the Department 

23 of Justice to individuals who submit complaints 

24 through such portal, which shall include— 


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1 (A) keeping confidential any personally 

2 identifiable information of an individual con3 tained in such a complaint, unless— 

4 (i) such individual provides to the Sec5 retary advance written permission to re6 lease such information; or 

7 (ii)(I) the release of such information 

8 is otherwise required by law; and 

9 (II) the Secretary provides to such in10 dividual advance warning, as soon as fea11 sible, that the release of such information 

12 is legally required; and 

13 (B) a requirement that if work on the case 

14 is transferred to a nongovernmental entity, that 

15 entity will be bound by the original confiden16 tiality provisions. 

17 (c) ANNUAL REPORTS ON AGGREGATE DATA.—Not 

18 later than 1 year after the date of enactment of this Act, 

19 and annually thereafter, the Secretary shall make publicly 

20 available a report describing the aggregate data collected 

21 from the online portal described in subsection (a). 

22 SEC. 202. WHISTLEBLOWER PROTECTION. 

23 (a) IN GENERAL.—A covered entity shall not dis24 charge, demote, suspend, threaten, harass, or in any other 


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1 manner discriminate against a covered individual because 

2 of any lawful act done by the covered individual— 

3 (1) to provide information, cause information to 

4 be provided, or otherwise assist in an investigation 

5 regarding any conduct that the covered individual 

6 reasonably believes is illegal or constitutes a viola7 tion of this Act or the amendments made by this 

8 Act; 

9 (2) to file, cause to be filed, testify, participate 

10 in, or otherwise assist in a proceeding or action filed, 

11 or about to be filed, relating to a violation of any 

12 law, rule, or regulation; or 

13 (3) to refuse to violate, or assist in the violation 

14 of, any law, rule, or regulation. 

15 (b) ENFORCEMENT ACTION.— 

16 (1) COMPLAINT.— 

17 (A) IN GENERAL.—A covered individual 

18 who alleges discharge or other discrimination by 

19 any person in violation of paragraph (1) may 

20 seek relief by filing a complaint with the Office 

21 of the Inspector General of the Department of 

22 Agriculture, which shall investigate the con23 cerns raised by the covered individual that al24 legedly caused retaliation. 


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1 (B) LEGAL ACTION.—If the Office of the 

2 Inspector General has not issued a final deci3 sion regarding the investigation by the date 

4 that is 210 days after the date on which the 

5 complaint is filed, and there is no showing that 

6 the delay is due to the bad faith of the claim7 ant, the claimant may bring an action at law or 

8 equity for de novo review in the appropriate dis9 trict court of the United States, which shall 

10 have jurisdiction over such an action without 

11 regard to the amount in controversy. 

12 (2) PROCEDURE.—A complaint under para13 graph (1)(A) shall be governed under the rules and 

14 procedures established in section 1013 of the Fed15 eral Food, Drug, and Cosmetic Act (21 U.S.C. 

16 399d) and shall be resolved within 21 days after the 

17 date on which such complaint is filed. 

18 (3) REMEDIES.—A covered individual who pre19 vails in any action under subparagraph (A) shall be 

20 entitled to remedies equivalent to relief provided 

21 under section 1013(b)(4)(B) of the Federal Food, 

22 Drug, and Cosmetic Act (21 U.S.C. 399d(b)(4)(B)). 

23 (c) RIGHTS RETAINED BY THE INDIVIDUAL.— 

24 (1) IN GENERAL.—Nothing in this subsection 

25 diminishes the rights, privileges, or remedies of any 


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1 individual under any Federal or State law, or under 

2 any collective bargaining agreement. 

3 (2) WAIVER OF RIGHTS AND REMEDIES.—The 

4 rights and remedies provided for in this section may 

5 not be waived by any agreement, policy form, or con6 dition of employment, including by a predispute ar7 bitration agreement. 

8 (3) PREDISPUTE ARBITRATION AGREEMENTS.— 

9 No predispute arbitration agreement shall be valid 

10 or enforceable, to the extent the agreement requires 

11 arbitration of a dispute arising under this section. 

12 SEC. 203. STUDY AND REPORT ON THREAT OF NON13 AMBULATORY PIGS IN FOOD SYSTEM. 

14 (a) STUDY.—The Under Secretary of Agriculture for 

15 Food Safety shall, in coordination with the Director of the 

16 Centers for Disease Control and Prevention, conduct a 

17 study regarding the public health threat of nonambulatory 

18 pigs entering the food system. 

19 (b) REPORT.— 

20 (1) IN GENERAL.—Not later than 1 year after 

21 the date of enactment of this Act, the Under Sec22 retary shall submit to Congress, and make publicly 

23 available, a report describing the results of the study 

24 conducted under subsection (a). 


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1 (2) CONTENTS.—Such report shall include, at a 

2 minimum, descriptions of the impact on the public 

3 health of pathogens associated with nonambulatory 

4 pigs, including— 

5 (A) swine influenza viruses H1N1 and 

6 H3N2; 

7 (B) Salmonella; 

8 (C) Yersinia enterocolitica; 

9 (D) Campylobacter; and 

10 (E) Methicillin-resistant Staphylococcus 

11 aureus. 

Æ 


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